What is the effect of section 356 of the California Evidence Code on the interpretation of the meaning of section 46(1) of the word "admissible in evidence"?

California, United States of America


The following excerpt is from People v. Brumfield, B282348 (Cal. App. 2019):

Evidence Code section 356 provides that "[w]here part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by an adverse party; . . . when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing which is necessary to make it understood may also be given in evidence." (Evid. Code, 356.) "'The purpose of this section is to prevent the use of selected aspects of a conversation, act, declaration, or writing, so as to create a misleading impression on the subjects addressed.' [Citation.]" (People v. Melendez (2016) 2 Cal.5th 1, 25.) The comments note that "[t]he rule stated in Section 356 . . . only makes admissible

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